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HomeMy WebLinkAbout20072163 Ver 1_USACE Permit_20080108_ Q,~.T `r U.S. ARMY CORPS OF ENGINEERS WII,MINGTON DISTRICT Action ID. SAW-2007-00907 County: Harnett USGS Quad: Lillin~ton GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: Mr. Bob Stafford Stafford Land Company Address: 246 Valleyfield Lane Southern Pines, NC 28387 Telephone No.: 910-692-9808 Size and location of property (water body, road name/number, town, etc.): The property is approximately 7.5 acres and is located at the northern corner of Pine State Street and US Hi~hway 401, in LillinQton, Harnett County, North Carolina. Description of projects area and activity: This permit authorizes impacts to 0.204 acres of wetlands for the construction of buildings, parking areas, and storm water management facilities associated with a proposed commercial development. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) C ~ ~ ~~~ ~ D ^ Section 10 (Rivers and Harbors Act, 33 USC 403) .. ` Authorization: Regional General Permit Number: - `~'' 2~~$ Nationwide Permit Number: 39 and 18 JAN ~ 4"JETIANDS H D STORMWA7 R 9F. "~4 !' SEE ATTACHED GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the pationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management . This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ronnie Smith at 910-251-48?2~ , Corps Regulatory Official Ronnie Smith Date: January 7, 2008 Expiration Date of Verification: January 7, 2010 - The Wilmington District is corrmiitted to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.armv.mil/WETLANDS/index.html to complete the survey online. Page 1 of 2 Determination of Jurisdiction: ^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. ^ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued .Action ID Basis of Jurisdictional Determination: This site exhibits wetlands criteria as described in the 1987 Corns Wetland Delineation Manual and is adiacent to an unnamed tributary of the Cape Fear River, which is a navigable water of the U.S. Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will fmd a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Ronnie Smith, Project Manager, Wilmington Regulatory Field Office PO Box 1890 Wilmington, North Carolina 28402 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by March 7, 2008. **It is not necessary to submit an RFA form to the Dish cY`~ce if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date January 7, 2008 "Expiration Date January 7, 2010 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Mr. Chris Leach Ms. Belinda Henson Mr. Chad Turlington Hal Owen and Associates Division of Water Quality-401 Wetlands Unit NCDENR-DWQ PO Box 400 1650 Mail Service Center 225 Green Street, Suite 714 Lillington, NC 27546 Raleigh, NC27699 Fayetteville, NC 28301 Page 2 of 2 Greene Property _ '' Stafford Land Compnay - Mr. Bob Stafford Harnett County AID# 2007-00907 Special Conditions: 1)In order to compensate for impacts to 0.204 acres of non-riparian wetlands the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 0.2 acres of non-riparian wetlands in the Black River Basin, Cataloging Unit 03030004. Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. 2) The permittee shall execute and cause to be recorded in the Harnett County Register of Deeds, restrictive covenants acceptable to the Corps of Engineers for the purpose of maintaining the conservation areas, as shown on the attached plat titled "Greene Property-Lillington, NC Sketch Plan(rev.3)" and dated 6/26/07, in their perpetuity, within 30 days of the issuance of this verification. The permittee shall enforce the terms of the restrictive covenant and prior to the conveyance of the property, shall take no action on the property described in the covenants inconsistent with the terms thereof. The permittee shall provide a copy of the recorded restrictive covenants to the Corps of Engineers within 30 days of recording. The provisions relating to wetlands cannot be amended or modified without the express written consent of the U.S. Army Corps of Engineers, Wilmington District. ` Corp Regulatory Official Ronnie Smit Date: January 7.2008